Peter Garsden is the head of the Abuse department at Simpson Millar LLP. He is also President of the Association of Child Abuse Lawyers.
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Thursday, 5 May 2011

Who is more evil, Osama Bin Laden or a Paedophile?

Since the death of Osama Bin Laden has been all over the media, my mind has inevitably compared the glorification of his death with the way in which the public react to the conviction of a child molester who prays on children in a calculated and insidious way. What are the similarities?

They both think that they are doing nothing wrong. Osama is trying to rid the world of the evils of capitalism by killing innocent people. He is doing this in the name of the Islamic faith. Paedophiles think that a love relationship with a minor is good for the child because they are expressing their love for children. They think that the child enjoys it. Some fall in love with the child, and give them inappropriate tenderness. Others operate a more violently abusive type of relationship.

Both use manipulative tactics and subterfuge to win the trust of innocent victims. Osama has camps, where young impressionable idealistic Muslims are brain washed into believing that they are killing in the name of religion, for the greater good of their faith. Child Abusers win the trust of young impressionable children in need of affection by treating them in a special way, buying them presents and spoiling them. When the victim is ensnared, they pounce, and cause untold damage by abusing them physically and sexually. Terrorist soldiers are taught to kill on demand without question.

The general public believe, that what both terrorists and paedophiles do is repulsive, abhorrent, and worthy of nothing but the most severe of punishments. So strong is the general feeling that no government would dare organise a referendum to decide what the appropriate punishment should be. The result inevitably would be the re-introduction of the death penalty or worse, probably, in the case of serious sex offenders. Some countries allow sex offenders to consent to castration, but not Britain as yet.

Inevitably the state cannot be seen to be administering death as a punishment for a crime not matter how severe it is. There are many who would disagree with this notion, and demand the death penalty for both terrorism and child abuse. Our modern civilisation, and the law of Human Rights, will not permit the doctrine of an eye for an eye, tooth for a tooth, to misquote the bible.

Some states in America, however, and many less civilised penal jurisdictions, most notably Sharia Law, do permit the death penalty. Many say that Britain and Europe are too soft. Importantly, the Second Amendment to the American constitution permits the right to carry arms. Thus it is ethically easier to extend that country's right to kill people who commit crimes. It is thus no surprise that the international community allowed Iraq to try its own war criminals, because they knew that, if found guilty, Sadam Hussein would be executed. A more desirable political solution all round.

So what should we do with child abusers? For the most serious crimes, where the abuser accepts they have a problem which cannot be cured, so strong is their sexual desire for children, I would advocate the use of chemical castration, but only where the sex offender consents. Indeed it is legal in many US states including California, Canada and in many European countries – France, Germany, Denmark, Israel, Sweden, Poland and Norway. Russia are trying to introduce a castration law at the moment.

Sadly, the most dangerous paedophiles are those who are in denial. No psychological treatment will work for them, however well meaning. Even more dangerous are those who have not yet been caught. I am in favour of the discretionary life sentence, where the offender has to prove they do not present a danger to children before they can be released. Treatment is often mandatory. Sadly, in many prisons, the cost of treatment is too expensive, and will be hit by the restricted budget cuts, now imposed by this government.

Paedophiles abuse children, and terrorists abuse innocent victims in the name of politics and religion. A debate can be had as to who is the most evil. I will leave the decision to the public jury.